The Posh Act In Practice: Judicial Trends, Implementation Gaps, And Workplace Reality
Dr. Neha Damani, Postdoctoral Fellow, ICSSR (2021), Visiting Faculty, University College of Law, Mohanlal Sukhadia University (MLSU), Udaipur
INTRODUCTION
Sexual harassment affects women workers as well as students and constitutes a serious violation of women’s right to equality and dignity (Constitution of India, arts. 14, 15, 21). Such conduct is not confined to a single sphere, and is experienced across workplaces, educational institutions, and other professional spaces. Among these, the workplace remains a primary site where women encounter sexual harassment. The law defines sexual harassment to include unwelcome acts or behaviour such as physical contact and advances, demands or requests for sexual favours, making sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature (Sexual Harassment of Women at Workplace Act, 2013, sec. 2[n]). The repeated occurrence of such acts affects women’s personal and professional lives and also carries broader social costs. Fear, silence, and withdrawal from work or education are common consequences, which in turn affect women’s participation in public life (International Labour Organization [ILO], 2018; UN Women, 2019).
The issue of workplace sexual harassment came into sharper focus following the incident involving Bhanwari Devi in Rajasthan. The matter led to the landmark judgment of the Supreme Court in Vishaka v. State of Rajasthan (1997), where the Court recognised sexual harassment at the workplace as a violation of fundamental rights. The Court observed that such incidents exposed the risks faced by working women and highlighted the urgent need for protective mechanisms in the absence of legislative measures (Vishaka v. State of Rajasthan, 1997). The Vishaka guidelines thus functioned as an interim framework to address workplace sexual harassment until statutory provisions were enacted.
In 2013, the Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act to provide a comprehensive legal framework for addressing sexual harassment (Sexual Harassment of Women at Workplace Act, 2013). The Act aims to ensure that workplaces are free from sexual harassment and that women are provided with a safe and secure working environment. It places a clear obligation on employers to prevent and address sexual harassment and mandates the constitution of Internal Complaints Committees (ICCs) at workplaces (Sexual Harassment of Women at Workplace Act, 2013, sec. 3, 19). Importantly, the scope of the Act extends beyond regular employees to include interns, trainees, and research scholars (Ministry of Women and Child Development [MWCD], 2015).
